Smt. Meenakshi v. United India Insurnace Company Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5107 OF 2022 (MV-I) BETWEEN: SMT. MEENAKSHI W/O MOHANA AGED ABOUT 27 YEARS R/A NO.39 DODDANAGAMANGALA VILLAGE ELECTRONIC CITY POST ANEKAL TALUK BANGALORE-560100. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND:

¶1UNITED INDIA INSURNACE COMPANY LTD REGIONAL OFFICE T.P.HUB, KRISHI BHAVAN 6TH FLOOR, HUDSON CIRCLE NRUPATHUNGA ROAD BENGALURU-560001 BY ITS MANAGER.

¶2SRI. SAI KUMAR P.K., S/O KARIYA P., MAJOR (AGE R-2 NOT KNOWN TO APPELLANT) by PANKAJA S Location: HIGH COURT OF KARNATAKA

NO.430/1, SHIVA KUTIYA KUMBHASHI KUNDAPURA-576257 UDUPI DISTRICT. …RESPONDENTS (BY SRI. SHANKARA REDDY C., ADVOCATE FOR R-1; NOTICE TO R-2 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.25.03.2022 PASSED IN MVC NO.212/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-25).

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT

¶1The claimant, being dissatisfied with the compensation of Rs.96,900/- awarded by the Tribunal, is in appeal.

¶2The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded total compensation of Rs.1,21,076/-with interest at

6% per annum. However the Tribunal held that the claimant contributed 20% negligence towards the accident and hence she is entitled only to Rs.96,900/- (after deduction) with interest and awarded the compensation on the following heads: Sl. No. Particulars Amount in (Rs.)

¶1Pain and suffering 35,000

¶2Medical expenses 16,604

¶3Loss of income during laid up period 1,667

¶4Loss of future income 23,805

¶5Loss of future amenities and happiness 17,000

¶6Attendant, conveyance, food and nourishment charges 17,000

¶7Future medical expenses 10,000 Sub Total 1,21,076 rounded off to 1,21,100 Less: 20% contributory negligence 24,220 Total 96,880 rounded off to 96,900

¶4The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 7% to the whole body.

¶5I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. Since the Doctor has assessed the disability at 14%, in view of the injuries suffered by the claimant, it would be just and appropriate to consider the disability at 14%. Accordingly, the disability suffered by the claimant would be at 14%.

¶6The Tribunal has determined the monthly income, notionally at Rs.1,667/-. Since there is credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2020, would be Rs.14,500/-.

¶7As the claimant was aged 26 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be

entitled to a sum of Rs.4,14,120/- (Rs.14,500 x 12 x 17 x 14%) towards 'loss of future income'.

¶8As a consequence, the amount of Rs.1,667/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.43,500/- (Rs.14,500 X 3).

¶9Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.35,000/- awarded by the Tribunal.

¶10Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.17,000/- awarded by the Tribunal.

¶11Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.23,000/- as against the sum of Rs.17,000/- awarded by the Tribunal.

¶12The sum awarded as medical expenses at Rs.16,604/-, being based on documentary evidence, do not call for modification and hence confirmed.

¶13Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.15,000/- towards future medical expenses, as against the sum of Rs.10,000/- awarded by the Tribunal.

¶14However, the Tribunal placing reliance on the evidence of PW.1 and the spot sketch, marked as Ex.P.4, has saddled 20% negligence on the part of the injured claimant. The Tribunal opined that the injured had crossed the State Highway at a place where there was no zebra crossing and, therefore, attributed 20% contributory negligence to him. I have perused Exs.P3 and P4, i.e., the spot mahazar and the spot sketch. On a careful examination of the same, it is evident that the appellant-claimant had already crossed almost 80% of the road when the accident occurred. The driver of the offending car was proceeding on the right side of the road from South to North, though sufficient space was available on the left side of the road for him to pass the vehicle. In the circumstances, it can be

presumed that the driver of the offending car was primarily responsible for the occurrence of the accident. However, the appellant-claimant was also not justified in crossing the State Highway at a place where there was no zebra crossing. Therefore, some degree of contributory negligence has to be attributed to him. Having regard to the facts and circumstances of the case, the contributory negligence on the part of the appellant-claimant is assessed at 15%, while the negligence on the part of the driver of the offending car is assessed at 85%.

¶15Accordingly, the finding of the Tribunal with regard to contributory negligence is modified. The Insurance Company is liable to pay 85% of the compensation amount.

¶16Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by this Court (Rs.)

¶1Pain and suffering 50,000

¶2Medical expenses 16,604

¶3Loss of income during laid up period 43,500

¶4Loss of future income 4,14,120

¶5Loss of future amenities and happiness 30,000

¶6Attendant, conveyance, food and nourishment charges 23,000

¶7Future medical expenses 15,000 Sub Total 5,92,224 Less: 15% contributory negligence 88,834 Total 5,03,390

¶17Thus, the claimant is held entitled to the total compensation of Rs.5,03,390/- as against Rs.96,800/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

¶18The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

¶19Registry is directed to send back the trial Court records. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 18